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HomeMy WebLinkAboutResolution 6122 B . . . RESOLUTION 6122 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE EXECUTION AND RECORDING OF A LIMITED USE AGREEMENT TO ALLOW FOR THE CONTINUATION OF A DRIVEWAY ON CITY-OWNED LAND ADJACENT TO 2337 KNOLL DRIVE WHEREAS, Judy Langner is the property owner of 2337 Knoll Drive adjacent to Greenfield Park; and, WHEREAS, the driveway servicing 2337 Knoll Drive crosses a wedge of Greenfield Park and has been in that location for 50 years; and, WHEREAS, to protect her right to use her driveway and to protect the driveway into the future, Ms. Langner has requested that the City adopt authorization that can be recorded with Ramsey County; and, WHEREAS, a Limited Use Agreement (attached as Exhibit 1) has been prepared to officially grant use of the land to Ms. Langner, her heirs or assigns, for a driveway. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mounds View does hereby approve a Limited Use Agreement to permit a driveway on a wedge of Greenfield Park to service the home at 2337 Knoll Drive and authorize its execution and recordation. Adopted this 27th day of October, 2003. ATTEST: ./ ~rry Li / K-XC b LQ Kurt Ulrich, City Administrator (SEAL) .. . . GRANT AND ACCEPTANCE OF LIMITED USE AGREEMENT THIS LIMITED USE AGREEMENT (the "Agreement") is made as of November 1, 2003, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and JUDITH LANGNER (the "Resident"). RECIT ALS A. as follows: The Resident is the owner of property located at 2337 Knoll Drive, legally described Lat 23, Black 14, Pinewaad Terrace No.5 B. The Resident desires to use a portion of City Property, which is a dedicated portion of Greenfield Park, for the purpose of using and maintaining a driveway designed to serve the Resident's parcel. The legal description and drawing ofthe land to be used is attached as Exhibit A. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of this Agreement, the City and the Resident agree that the Resident may use and maintain the driveway within the area described in on Exhibit A. 2. Consideration. In consideration for the right to use and maintain the driveway, the Resident has paid to the City one dollar ($1.00) upon execution of this Agreement. Furthermore, the resident shall maintain the entire portion of the described area free from tall grass and noxious weed growth, as defined in Section 606.01 of the Mounds View Municipal Code. 3. Maintenance and Repair of Driveway. The Resident, the Resident's successors, assigns or subsequent owners may use and maintain the driveway and shaJl be solely responsible for aJJ maintenance and repair of the driveway. The City shall have no responsibi lity for the maintenance or repair of the driveway. 4. Indemnification. The resident hereby agrees to protect, defend and hold the City and its officers, elected and appointed officials, employees, administrators, commissioners, agents, and representatives hannless from and indemnified against any and all loss, cost, fines, charges, damage and expenses, including without limitation, reasonable attorneys' fees, consultants' and expelt witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever (including those based on strict liability) arising out of (i) the use of all or any part of the Property, including, without limitation, any claims for any lien imposed by law for services, labor or materials furnished to or for the benefit of the Property, or (ii) any claim by the State of Milmesota of the Minnesota Pollution Control Agency or any other person pertaining to the violation of any permits, orders, decrees, or demands made by said persons or with regard to the presence of any pollutant, contaminant or hazardous waste on the Property; and (iii) or by reason of the execution of this Agreement or the perfornlance of this Agreement. The Resident, and the Resident's successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from aJJ such claims, demands, damages, and causes of action and the costs, disbursements, and . . . expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. This indemnity shall be continuing and shall survive the ternlination or cancellation of this Agreement. Nothing in this Agreement shall be considered as a waiver or modification of immunity or limitation on liability to which the City is entitled pursuant to Minn. Stat.* 466, or otherwise. 5. Limitation of Use. The use o[the area as described in Exhibit A shall be limited to the Resident of the property. 6. Termination. The City or the Resident maytenninate this Agreement at any time for any reason, or for no reason at all, by providing 90 days written notice to the other party. Upon ternlination of this Agreement, the Resident shall remove the driveway, shown on Exhibit B, and return the property to the condition it was in prior to construction ofthe driveway, at the Resident's sole cost. 7. Assignability of Agreement. This agreement shall remain in force in perpetuity or until ternlinated by either party. The Resident may not assign its rights under this Agreement to any person other than subsequent owners of the property. The City may assign its rights under this Agreement to any person at any time. 8. Miscellaneous Provisions. (a) The City is entitled to recover its reasonable attorney's fees and costs incurred drafting this Agreement and in enforcing the temlS of this Agreement. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered ifit is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of the Resident, is addressed to or delivered personally to the Resident at 2337 Knoll Drive, Mounds View, MN 55112 and (ii) in the case of the City, is addressed to or dclivered personally to the City at City of Mounds View, 2401 Highway 10, Mounds, View, MN 55112, Attn: City Administrator; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. (c) The City may record this Agreement and any amendments thereto in the office o[the Ramsey County Recorder or Registrar of Titles, as may be applicable. In either case, the Resident shall pay all costs for recording and shall assist and cooperate with the City as necessary to record this Agreement. (d) This Agreement constitutes the entire agreement between the Resident and the City and supersedes any other written or oral agreements between the parties. This Agreement can be modified only in a writing signed by the parties. . . . IN WITNESS WHEREOF, Resident and City have executed this limited use agreement this __ day of , 2003. CITY OF MOUNDS VIEW By Jerry Linke, Mayor And Kurt Ulrich, City Administrator ST A TE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this day of ,2003, before me, a notary public within and for Ramsey County, personally appeared Jerry Linke and Kurt Ulrich, Mayor and City Administrator, respectively, of the City of Mounds View, Minnesota (the "City") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its governing body; and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said City. Notary Public NOTAR Y STAMP OR SEAL RESIDENT Judith Langner STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2003, by resident Judith Langner. Notary Public NOTARY STAMP OR SEAL . . . EXHIBIT A Legal Description: That Part of Block 14, PINE WOOD TERRACE NO.5, Ramsey County, MilUlesota, which lies northerly of the easterly extension of the south line of Lot 28; westerly of the west line of Lot 23 and its northerly extension thereof and easterly of the following described line: Commencing at the northwest comer of Lot 23, Block 14, thence southerly on the westerly line of said Lot 23, a distance of 18.0 feet, thence southwesterly deflecting 23 degrees 00 minutes to the southeasterly line of said Block 14 and the northwesterly right of way line of Knoll Drive and there terminate. Area Map: J>- - r~ './ , .e.-\.....'J ; l.oO ~ :j ~ "'~ ~ .7 0" OJ ,,' ~ Described Area ,~).-" ~-~') ---- ~ / ~ ---- E ---- .... // ------ ~//-' /. j {// J II ;.t7/ ..r / \:II $, ,,. !'Jf ~U\)O\ U Nl".:. L.:)''\ t.B.